Sandhu (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr. Sandhu, who sought review of the Minister's decision to cancel his Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector. The dispute arose from Mr. Sandhu's alleged failure to comply with a condition of his visa, specifically condition 8516, which requires the visa holder to continue to satisfy the criteria for the grant of the visa. The primary ground for cancellation was that Mr. Sandhu had ceased to be enrolled in a higher education sector course.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) was made out, and if so, whether the discretion to cancel the visa should be exercised. This involved assessing whether Mr. Sandhu had complied with condition 8516, which necessitates maintaining enrolment in a principal course of study that meets the criteria for the subclass 573 visa. The Tribunal also had to consider all relevant circumstances in exercising its discretion, including matters of government policy and the applicant's personal circumstances.

The Tribunal found that Mr. Sandhu had indeed failed to comply with condition 8516. While granted a visa for a Bachelor of Science, he had ceased enrolment in that course and, for a significant period of four years, had only undertaken vocational level study. His explanation for changing his study pathway and the delay in commencing higher education study was not sufficiently persuasive. Although Mr. Sandhu presented evidence of a de facto relationship with an Australian citizen and expressed a desire to complete his studies, the Tribunal was not satisfied that these factors outweighed the seriousness of his non-compliance with the visa conditions. The Tribunal noted that the applicant's de facto partner did not attend the hearing and that the applicant's claims regarding their relationship and her potential hardship were not fully substantiated to the Tribunal's satisfaction.

Ultimately, the Tribunal affirmed the decision to cancel Mr. Sandhu's visa. Despite acknowledging the applicant's stated desire to complete his studies and the potential impact on his relationship, the Tribunal concluded that the ground for cancellation was established and that the exercise of discretion to cancel the visa was warranted given the sustained non-compliance with a fundamental visa condition.